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Full-Text Articles in Labor Relations

The Myth Of Equality In The Employment Relation, Aditi Bagchi Mar 2009

The Myth Of Equality In The Employment Relation, Aditi Bagchi

Faculty Scholarship at Penn Law

Although it is widely understood that employers and employees are not equally situated, we fail adequately to account for this inequality in the law governing their relationship. We can best understand this inequality in terms of status, which encompasses one’s level of income, leisure and discretion. For a variety of misguided reasons, contract law has been historically highly resistant to the introduction of status-based principles. Courts have preferred to characterize the unfavorable circumstances that many employees face as the product of unequal bargaining power. But bargaining power disparity does not capture the moral problem raised by inequality in the ...


Theories Of The Employment Relationship: Choosing Between Norms And Contracts, Michael L. Wachter Jun 2005

Theories Of The Employment Relationship: Choosing Between Norms And Contracts, Michael L. Wachter

Faculty Scholarship at Penn Law

In this paper, I analyze three types of labor market relationships that are prevalent in the economy - the external labor market that exists outside of firms, and the union and nonunion employment relationships that exist inside firms. The parties' relationships in each of these markets are markedly different from one another with respect to their use of contracts versus norms, their enforcement mechanisms, and their reliance on external competitive market pressures. Why do these very distinct forms exist? This paper provides an answer to this question. To be successful, each of the structures has to resolve problems of match-specific assets ...


Union Effects On Nonunion Wages: Evidence From Panel Data On Industries And Cities, David Neumark, Michael L. Wachter Jan 1995

Union Effects On Nonunion Wages: Evidence From Panel Data On Industries And Cities, David Neumark, Michael L. Wachter

Faculty Scholarship at Penn Law

No abstract provided.